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Elfyn Llwyd (Parliamentary Leader; Meirionnydd Nant Conwy, Plaid Cymru)

I am following the hon. Gentleman’s argument and think that he is on to something important, but I would ask him to explain one thing. Subsection (3)(b) of new clause 8 states that

“mitigating action would be unreasonable due to disproportionate cost, adverse collateral effects on other interests or because it would be otherwise not in the public interest.”

In the event that the mitigating action is not taken, does the application fail?

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